Crime and Courts Bill [Lords]

Helen Goodman Excerpts

Monday 22nd April 2013 Commons Chamber

[Maria Miller]

It will be full-time employees who are included in the employment measure, which is why it is important that not just employment but turnover is considered. Many organisations utilise a number of self-employed people, hence the twin-track approach.

We have set out what we anticipate being considered a blog, which is about individual opinion being set forth through electronic media. That is relatively straightforward, although as I said to my right hon. Friend the Member for Wokingham (Mr Redwood), there will always be more difficult matters to consider at the margins and the courts will be able to provide further information. We will also provide guidance in the usual way.

The amendments address concerns raised by small-scale bloggers and other small businesses and will ensure that the definition of “relevant publisher” captures the news publishers that were the focus of Lord Justice Leveson’s inquiry. They have the full support of all three major parties in the House, and on that basis I commend them to the House.

[Helen Goodman (Bishop Auckland) (Lab)]

I am pleased to be able to take part in this debate, which nails down the final details of the recommendations that Lord Justice Leveson made about setting up a new self-regulatory system for the press. When the Bill was introduced into the House a year ago, Lord Justice Leveson had not even reported, so we were fortunate to be able to thumb a lift with the Bill.

On 18 March, on Third Reading, the House agreed to insert new clauses providing for new rules on exemplary damages and costs. They are an essential part of the cross-party agreement on a royal charter, which is part of the new framework of independent self-regulation guaranteed by law.

As the Secretary of State said, the Bill aims to provide publishers with incentives to sign up to the new system of self-regulation that should meet the criteria set out in the royal charter. Publishers that join the recognised regulator will receive protection from the award of exemplary damages in media disputes, the opportunity to use an arbitration service, and cost benefits from having access to the arbitration service—that is one reason why it would benefit local as well as national newspapers. If a complainant chooses not to use the arbitration service, they can still be liable for costs even if they win.

Lord Justice Leveson’s report was about the press, but the original drafting had the unintended effect of catching blogs in the net—a point noted in this House by my hon. Friend the indefatigable Member for West Bromwich East (Mr Watson). That said, Lord Justice Leveson expressed the hope in recommendation 73 of his report that online publishers would also join a regulator. The Bill therefore needed to be amended to ensure that exemplary damages did not apply to blogs, but that they could receive the benefits of joining a recognised regulator. The Lords agreed a number of amendments, including a placeholder amendment, on 25 March.

The Government’s decision to hold a “mini-consultation”—as I think the Secretary of State called it—to pause for reflection and consider the blogosphere was sensible. With the best will in the world, middle-aged Members of Parliament in both Houses are perhaps not absolutely up to speed with the way in which the blogosphere operates among the next generation, but I think we have now got it right. The Labour party agrees with the policy objectives that the Government are seeking to address: to exempt micro-businesses from the definition of “relevant publisher” where they are a blog or their publications are merely incidental to their other business; and to enable such micro-businesses to receive the benefits and cost incentives if they join a recognised regulator. The amendments use the micro-business definition for a small blog as one whose turnover is below £2 million and has up to 10 employees. It exempts such businesses from exemplary damages and enables them to benefit from the cost advantages of an arbitration service if they join a regulator—that last point will be particularly welcome in that community.

Labour supports Lords amendments 17A and 17B and amendments (a) and (b) in lieu of amendment 131, and we will not divide the House in this debate. However, there is a thicket of double negatives, and for those outside the House who are following proceedings closely I ask the Secretary of State to provide assurances and clarity on a couple of points. Will she tell the House whether this approach minimises the risk of gaming, in particular by groups of companies? What is the position of campaigning groups’ newsletters—the right hon. Member for Wokingham (Mr Redwood) raised that point? I thought that Mumsnet would be excluded because its primary purpose is not to publish news—it is clear that motherhood is not a hobby, so it is not excluded on those grounds—or, indeed, UK Feminista. Neither of those is a charity and it might help if the Secretary of State said a little more about the newsletters of campaigning groups.

Will she confirm that access to the arbitration system for those outside the regulatory body is limited to small-scale blogs, and say why she chose that approach? The hon. Member for Cambridge (Dr Huppert) asked about the definition of “blog”, and I assume that the Secretary of State has received legal advice that the word will be properly interpreted. She has already explained why she is addressing only the number of employees, and not those who are self-employed, but if she could elucidate a little on those points it would be helpful and we will be happy to support her this evening.